Michaels v. Flach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Flach, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings-on the 16th day of February, 1921, on the decision of the court rendered after a trial at the Kings Trial Term without a jury. The action is brought by the plaintiff, who is uncle to John C. Kienzle, the infant son of defendant’s testator, to recover moneys expended in necessaries for the infant.
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Appeal by the defendant, Charles Flach, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings-on the 16th day of February, 1921, on the decision of the court rendered after a trial at the Kings Trial Term without a jury. The action is brought by the plaintiff, who is uncle to John C. Kienzle, the infant son of defendant’s testator, to recover moneys expended in necessaries for the infant. On May 31,1904, the testator and his wife, Evelyn, now deceased, entered into articles of separation, wherein the wife, in consideration of…
1Opinion of the Court
Blackmar, P. J.:
It is argued by the appellant that the Surrogate’s Court had exclusive jurisdiction over the cause of action. With this we cannot agree. The general jurisdiction in the Supreme Court, secured to it by article 6, section 1, of the Constitution, is not affected by the legislation regulating practice in the Surrogate’s Court. The only effect of these statutes upon the right to maintain an action in a court of general jurisdiction upon a claim against a decedent’s estate is to prescribe a short Statute of Limitations in case a claim is presented and rejected, or in case an…
2Cases cited2 opinions
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
3Cited by12 opinions
- In re the General Guardianship of the Property & Estate of SalmNew York Supreme Court · 1939
- In re the Estate of GellisNew York Surrogate's Court · 1931
- Anonymous v. AnonymousNew York Family Court · 1939
- Elwyn v. ComeauNew York Supreme Court · 1957
- Roeder v. MillerAppellate Terms of the Supreme Court of New York · 1921
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